Drug Dealing

Question 1

Section 6(1)(c) Moda 1975
Supplying any class A or B Controlled drug

Answer 1

• Supply OR administer OR offer to supply OR offer to administer OR otherwise deal.
• Any class A controlled drug OR class B controlled drug.
• To any other person.

Question 2

R v Knox

Answer 2

Supplying can be covered if a person holds a drug for a person and intends to return it to them.

Question 3

R v Wildbore

Answer 3

Can occur without an active transfer of drugs, passively allowing a person to help themselves to a cache of drugs.

Question 4

Offering Elements

Answer 4

1. Communicating an offer to supply or administer a controlled drug.
2. An intention that the other person believes the offer to be genuine.

Question 5

R v During

Answer 5

An offer is an imitation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by statute.

Question 6

R v Brown

Answer 6

The making of such an imitation with the intention that it should be understood as a genuine offer is an offence.

Question 7

R v Forrest and Forrest

Answer 7

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 8

6(1)(d) MODA75

Answer 8

• Supply OR administer OR offer to supply OR offer to administer.
• Any class C controlled drug.
• To a person under 18.

Question 9

6(1)(e) MODA75

Answer 9

• Sell OR offer to sell
• Any class C controlled drug
• To a person of or over the age of 18

Question 10

6(1)(f) MODA75

HAF

Answer 10

Have in their possession

Any controlled drug

For any purposes set out in (c) (d) or (e) of s6(1) MODA75.

Question 11

6(1)(a) MODA75

Answer 11

Import into OR export from New Zealand

Any controlled drug

Question 12

Saxton V Police

Answer 12

To import includes to introduce or bring in from abroad or cause to be brought in from a foreign country.

Question 13

R v Hancox

Answer 13

Importation involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. The process of importation exists from the time the goods enter New Zealand untill they reach their immediate destination or have ceased to be under control of the appropriate authorities and have become available for the consignee of addressee.

Question 14

R v Martin

Answer 14

Wilful blindness.

If prosecution can prove beyond reasonable doubt that the accused had her suspicions aroused but deliberately refrained from making further inquiries.

Question 15

R v RUA

Answer 15

The words produce or manufacture in s6(1) (b) broadly cover the creation of the controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 16

6(1)(b) MODA75

Answer 16

• Produce OR manufacture

- Any controlled drug

Question 17

Controlled drug definition

Answer 17

A controlled drug is any substance listed as per the misuse of drugs act 1975 in schedule 1 2 or 3.

Question 18

Police v Emerali

Answer 18

Possessing the narcotic does not extend to useless residue if the substance. In other words you gotta be able to use it.

Question 19

R v Strawbridge

Answer 19

Guilty knowledge is presumed unless contrary evidence suggests otherwise. The defendant has to prove beyond reasonable doubt that their act was innocent. Fact finder has to be satisfied beyond reasonable doubt that this was not so.

Question 20

Under 6(1)(b) whens the offence complete?

Answer 20

When the prohibited substance is created whether or not it is in a usable form

Question 21

Offering elements

Answer 21

Communicating of an offer to supply (actus reus)

An intention that the person believes the offer to be genuine (mens rea)